THIS case was formerly before this court, and is reported in 3 Howard, 773.

Being sent down to the Circuit Court under a mandate from this court, it came up for trial before the Circuit Court in May, 1845, when sundry proceedings took place before that court, which it is not necessary to specify. The result was, a judgment in favor of the United States, from which King and Coxe sued out a writ of error, and brought the case again before this court.

Whilst so pending, this court, on the 16th of February, 1848, passed the following order, which was announced by Mr. Chief Justice Taney.